The modification of the individual employment contract assuming unpredictability

AuthorAna Vidat
Assistant professor PhD student Ana VIDAT
Adapting a gainful occupa tion to technologica l or economical development may requir e the amendment of
individual labor contract under which the a ctivity is performed, taking into account the intrinsic dynamics of
employment. If the parties, by a greement, deter mine the content of the individual labor contract, all in a greement,
may agr ee at any time to amend it according to art. 41 para. 1 of the Labour Code. And trough the provisions of
civil law common law for the employment law a re established legal the r eview of the effects of the legal act due
because of the breakage contr actual ba lance due to change in the circumstances envisaged by t he parties in the
moment of conclusion of the legal a ct (the so-called theory of unpredictability, rebus sic stantibus) exception to the
principle "pacta sunt servanda". Recourse to the legal document review because its effects are other tha n the parties
agreed to establish and be binding in the moment of conclusion of that a greement. In the pr esent paper we will refer to
administrative contracts, given the subject of this paper na mely that the common law for individual employment contract is the
civil law rules a pplicable to civil contracts. So in this paper does not refer to former commercial contracts, since the new Civil
Code was achieved unification of private law matter giving up the commercial contr acts.
Keywords: the individual employment contra ct; the collective employment contract; the unpredictability; the
modification of the individual/collective contra ct; the major force.
JEL Clasification: K31
A) a). Labor mobility with the resultant main migration manifests a great impact on
the development of the labor market.
Both the European Union and the International Labour Organization
requires Member
States to formulate and implement, as a key objective, an active policy to promote full
employment of labor in order to stimulate growth and economic development, raising living
standards, to labor needs and to tackle unemployment.
b). The Individual employment contract is governed, in terms of its effects, and the
principle provisions of art. 1270
of the Civil Code, according to which "validly concluded
contract has the force of law between the contracting parties."
The principle of "pacta sunt servanda", based on respect for moral demands of his word
and the need for legal certainty imposed by society, finds its place especially in labor law
Application requires that, whenever possible, the parties agree to maintain throughout the
contract performance clauses originally planned.
Obviously, once completed, the individual labor contract can not remain "frozen" if, in the
meantime, during its execution elements or new requirements arise.
Adapting a gainful occupation to technological or economic change may require
individual employment contract under which the activity is performed, taking into account the
intrinsic dynamics of employment. If the parties, by agreement, determine the content of the
individual employment contract, all in agreement, may agree at any time to amend it according to
art. 41 para. 1 of the Labour Code.
Ana Vidat, Bucharest University of Economic Studies, Law Department,
Art. 3 of the Lisbon Treaty on European Union ILO Convention. 122/1964 acts that promote the idea of full employment of
labor as a desirable policy objective and economically affordable.
Reprinted in "Official Gazette of Romania", Part I, no. 505 of 15 July 2011.
Raluca Dimitriu, Individual Labor Contra ct. Pr esent and Prospects, Economic Tri bune Publishing House, Bucharest, 2005,

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